Is an Employee Retrenched After 4.5 Years of Construction Work Eligible for Gratuity?

Sir, one employee has worked for 4 years and 6 months, and he is being retrenched due to the completion of construction work. Is he eligible to receive gratuity?

No gratuity entitlement only after 5 years of continuous service. He may be paid other benefits due to completion of the project but not the gratuity amount.

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As per the latest amendment in the Gratuity Act of 1972, the eligibility for gratuity is 4 years and 240 days. Based on your query, he is not eligible for gratuity as he has completed 4 years and 180 days. I would like to advise seeking expert advice or legal counsel to check if there is any rule under the retrenchment clause before making any decision.

The last amendment to the Payment of Gratuity Act was in 2010, which does not mention anything about the four years and 240 days.